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Pakistan UK Spouse visa appeals

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Marriage | Unmarried Partners | Fiancé | Ancestry

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MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 9:20 am

Nav80 wrote:Hi All,

My wife spouse visa refused on following grounds.

1. Appendix 2 form not submitted so Eco decides marriage is not genuine
2. I submitted my part time pay slip along with sa302 form from my self employment. my self employed declared income was more than the requirement but HO called me and dig into my employment in details.

I would like to ask is it better to go for appeal or to make fresh application and if fresh application should I just ignore my employment or I will have to address that as well in my new application. I am expecting to re apply by next month as my wife need to give new English test.

Hope to hear some informative feedback.

Regards
Sorry to hear of your refusal, please type out exact wording of reasons for refusal from the notice you refused.

Nav80
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Nav80 » Wed Mar 09, 2016 9:54 am

It is a long 3 pages refusal stating on appendix 2 form is mendatory and is not completed so Eco assessed on evidence submitted. It says your sponsor is not related within prohibited degree of relation as defined by marriage act 1986 & civil partnership act 2004. Therefore Eco not satisfied this marriage is valid. And there fore refuse under paragraph Ecp-1.1 (d)
On financial requirement paragraph it says that sa302 form and payslips were provided. Eco acknowledged that a sa302 form provided shows warning of £21k however this is simply based on the information provided on self assessment in the knowledge he was required to earn £18600 for the purposes of your visa application. This does not independent corroborate that your sponsor has actually earned this figure, and in the light of above discrepancies I am not satisfied three tax payments satisfactory establish that your sponsor is employed as it claimed.

I therefore refused your application because I'm not satisfied, on the balance of probablities that you meet all the requirement of the relevant paragraph of uk immigration laws.

I hope this will give you idea.

Thanks

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 10:03 am

Nav80 wrote:It is a long 3 pages refusal stating on appendix 2 form is mendatory and is not completed so Eco assessed on evidence submitted. It says your sponsor is not related within prohibited degree of relation as defined by marriage act 1986 & civil partnership act 2004. Therefore Eco not satisfied this marriage is valid. And there fore refuse under paragraph Ecp-1.1 (d)
On financial requirement paragraph it says that sa302 form and payslips were provided. Eco acknowledged that a sa302 form provided shows warning of £21k however this is simply based on the information provided on self assessment in the knowledge he was required to earn £18600 for the purposes of your visa application. This does not independent corroborate that your sponsor has actually earned this figure, and in the light of above discrepancies I am not satisfied three tax payments satisfactory establish that your sponsor is employed as it claimed.

I therefore refused your application because I'm not satisfied, on the balance of probablities that you meet all the requirement of the relevant paragraph of uk immigration laws.

I hope this will give you idea.

Thanks
It's is quite comprehensive, your solicitor of you had one when you made your application should have picked up on these discrepancies. The documents required to evidence self employment are far more complicated than employment. Reapply with all required documentation, you should have success

Nav80
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Nav80 » Wed Mar 09, 2016 10:35 am

Thanks mgm,

I spoke to my solicitor and he only likes to submit my self employment document. I am just wondering should I address the discrepancy raised in my part time employment or not. Will it have any impact on my new application as my income from self employment is enough and I can provide comprehensive documents to prove it as well.

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 10:43 am

Nav80 wrote:Thanks mgm,

I spoke to my solicitor and he only likes to submit my self employment document. I am just wondering should I address the discrepancy raised in my part time employment or not. Will it have any impact on my new application as my income from self employment is enough and I can provide comprehensive documents to prove it as well.

Leave the part time job out, keep things simple for the ECO, less chance of refusal, if you feel you have the the required documents to evidence self employment, reapply with priority service, remember to include the previous application, reason for refusal was not meeting financial requirement.

Nav80
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Nav80 » Wed Mar 09, 2016 11:04 am

Thanks mgm,

Yes my income from self employment as declared to hmrc and all invoices paid into my account was £21k and this year tax is still not due so I will have to re apply on the basis Of previous sa302 but to back that I can attach invoices that I raised from my work paid via company I worked for and bank statement. Should it be enough evidence to prove and I will keep it simple not to include employment at all.

I'm very much thanks full for you input.

Thanks once again

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Casa
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Casa » Wed Mar 09, 2016 11:21 am

...and what about the refusal due to "It says your sponsor is not related within prohibited degree of relation as defined by marriage act 1986 & civil partnership act 2004. Therefore Eco not satisfied this marriage is valid."
How will you respond to this?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 11:25 am

Casa wrote:...and what about the refusal due to "It says your sponsor is not related within prohibited degree of relation as defined by marriage act 1986 & civil partnership act 2004. Therefore Eco not satisfied this marriage is valid."
How will you respond to this?
By filling in the missing appendix 2 form which led him to that decision,

worried1
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by worried1 » Wed Mar 09, 2016 12:00 pm

Hi
My spouse visa got refused in November
And with refusal letter my spouse recived the appeal
Forms
Now what i want to ask please is this.
My spouse has done the appeal in her name, not in pakistan
But in uk
So we have done a paper hearing as nothing to
Prove just missing paperwork, as ECO believes the
Relationship is genuin
I wanted to ask if its paper hearing will they contact
My spouse as she has done the appeal or will they contact
Myself
Thankyou

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 12:04 pm

worried1 wrote:Hi
My spouse visa got refused in November
And with refusal letter my spouse recived the appeal
Forms
Now what i want to ask please is this.
My spouse has done the appeal in her name, not in pakistan
But in uk
So we have done a paper hearing as nothing to
Prove just missing paperwork, as ECO believes the
Relationship is genuin
I wanted to ask if its paper hearing will they contact
My spouse as she has done the appeal or will they contact
Myself
Thankyou
I'm pretty sure it's always the appellant who is contacted, as it is them who is appealing against the decision to grant entry clearance.

worried1
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by worried1 » Wed Mar 09, 2016 12:07 pm

MGH wrote:
worried1 wrote:Hi
My spouse visa got refused in November
And with refusal letter my spouse recived the appeal
Forms
Now what i want to ask please is this.
My spouse has done the appeal in her name, not in pakistan
But in uk
So we have done a paper hearing as nothing to
Prove just missing paperwork, as ECO believes the
Relationship is genuin
I wanted to ask if its paper hearing will they contact
My spouse as she has done the appeal or will they contact
Myself
Thankyou
I'm pretty sure it's always the appellant who is contacted, as it is them who is appealing against the decision to grant entry clearance.
The appellent meaning my spouse in pakistan?
Thankyou

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Wed Mar 09, 2016 12:09 pm

The appellent meaning my spouse in pakistan?
Thankyou[/quote]


Yes

rajam
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by rajam » Thu Mar 10, 2016 9:59 am

After reading the refusal reasons do you think i may have a chance to win the appeal at review stage?[/quote]


Did your wage slips match the amount paid into your bank? Did you provide 6 months payslips?

Yes i provided six months payslips which matched the amount in my account
Applied : 5th august 2015
Refused: 7th december 2015
Appealed: 28 december 2015
Deadline: 12 may 2016
Overturned: 2nd august
Passport submitted: 11th august
Still waiting...

tayyabbilal
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by tayyabbilal » Sat Mar 12, 2016 2:08 am

Hello anyone can suggest me any good lawyer/barrister in eea application it will be huge favour please tag me when you message or personal message me many thanks in advance :)

dcfitness
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by dcfitness » Sat Mar 12, 2016 5:03 am

tayyabbilal wrote:Hello anyone can suggest me any good lawyer/barrister in eea application it will be huge favour please tag me when you message or personal message me many thanks in advance :)
Hi what is eea application?

RSforife
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by RSforife » Sat Mar 12, 2016 1:46 pm

there, my wife's appeal deadline was 15th Feb. They have not yet answered back. Can anyone give me the email address to email them to ask them? I have phoned tribunal courts in UK but they have not given me contact details.

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Sat Mar 12, 2016 3:18 pm

RSforife wrote:there, my wife's appeal deadline was 15th Feb. They have not yet answered back. Can anyone give me the email address to email them to ask them? I have phoned tribunal courts in UK but they have not given me contact details.

Do you not have a solicitor? It's their job to chase the HO, after all it is what you pay them for.

zeksy1
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by zeksy1 » Sat Mar 12, 2016 4:40 pm

Sheffield.islamabadappeals@fco.gov.uk
U can email them and ask them about an updae thy will reply u in few hours..Hope this helps

asif_sharif
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by asif_sharif » Sat Mar 12, 2016 9:26 pm

i wait and wait :cry:
married 21/02/2014
21/04/15 DOCUMENTS submitted
22/04/15 reaches BHC islamabad
REFUSED 10/07/2015
appeal 31/07/2015
payment 14th August
review deadline 24th December 2015
COURT DATE 18TH JANUARY 2017
entry allowed
wife arriving 29th April 2017

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Sat Mar 12, 2016 9:27 pm

asif_sharif wrote:i wait and wait :cry:


Sabr my brother, Allah will do what is best for all of us, when the time is right, keep praying!!

RSforife
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by RSforife » Sat Mar 12, 2016 11:56 pm

My wife's visa got refused because my ex wife the divorce was is not done in UK. I divorced her in Pakistan and got the divorce from pakistan They are saying that they do not know where she is and I need to make a UK divorce? I have done appeal the date has been passed for review and they have not responded and saying I have to have a court hearing soon. Please what shall I do? I need to email them to find out? I'm so sad and stuck. Contact details for the Pakistan please so I can contact them myself

stillwaiting123
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by stillwaiting123 » Sun Mar 13, 2016 1:05 am

RSforife wrote:My wife's visa got refused because my ex wife the divorce was is not done in UK. I divorced her in Pakistan and got the divorce from pakistan They are saying that they do not know where she is and I need to make a UK divorce? I have done appeal the date has been passed for review and they have not responded and saying I have to have a court hearing soon. Please what shall I do? I need to email them to find out? I'm so sad and stuck. Contact details for the Pakistan please so I can contact them myself
Did u submit a decree absolute?
1st App:10.06.14-Refused 21.11.14
2nd App:04.02.15-Refused 22.04.15

Appealed:19.05.15-Review Deadline:27.10.15
Court Date:02.09.16

3rd App:
Bio:29.04.16 (priority)
HO enquiry:16.05.16
Processed:17.05.16
Call:20.05.16
Collected:23.05.16
Alhamdulilah

Beena
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Beena » Sun Mar 13, 2016 10:01 am

RSforife wrote:there, my wife's appeal deadline was 15th Feb. They have not yet answered back. Can anyone give me the email address to email them to ask them? I have phoned tribunal courts in UK but they have not given me contact details.

Average wait for a court date is 8-12 months after being listed for court. . There's actually a waiting list before the listing for court waiting list. The whole process from the time you submitted the appeal takes 12-18 months on average now
Appealed-29/09/15
Deadline-10/02/16
review unsuccesful
Hearing-30/11/16

Decision withdrawn before hearing


HOPO notice-17/11/16
Judge's notice-24/11/16
Call in letter/IHS paid-1/12/16
Pp submitted-9/12/16

Collected-15/12/16 Alhamdulillah

Beena
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Beena » Sun Mar 13, 2016 10:06 am

RSforife wrote:My wife's visa got refused because my ex wife the divorce was is not done in UK. I divorced her in Pakistan and got the divorce from pakistan They are saying that they do not know where she is and I need to make a UK divorce? I have done appeal the date has been passed for review and they have not responded and saying I have to have a court hearing soon. Please what shall I do? I need to email them to find out? I'm so sad and stuck. Contact details for the Pakistan please so I can contact myself

Sheffield.islamabadappeals@fco.gov.uk
Appealed-29/09/15
Deadline-10/02/16
review unsuccesful
Hearing-30/11/16

Decision withdrawn before hearing


HOPO notice-17/11/16
Judge's notice-24/11/16
Call in letter/IHS paid-1/12/16
Pp submitted-9/12/16

Collected-15/12/16 Alhamdulillah

binubinu
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by binubinu » Sun Mar 13, 2016 12:49 pm

Salaam all

I received this in the post on Friday, I am not sure what it means. I tried calling my lawyer but he isn't picking up.

Image

Has anyone else received something like this? What am I supposed to do?
2nd Visa Application: 23/04/2015
Visa Refused: 07/09/2015
Appealed Lodged: 30/09/2015
Review Deadline: 15/02/2016
Review Overturned: 22/02/2016
Call in letter received via email: 21/03/2016
Passport submitted to VAC Islamabad: 07/04/2016

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